Also known as: element of crime · elements of a crime · elements of the crime · crime elements
Written by attorneys · grounded in primary & secondary sources — see below
The constituent parts of a criminal offense that the prosecution must establish beyond a reasonable doubt. These parts typically include the prohibited conduct and any required mental state. A conviction is proper only when every element is proven. Failure to prove any single element requires acquittal.
Elliot Edmonds testifies in a civil contract dispute. The opposing party offers his earlier misdemeanor conviction. The court admits the conviction because the statute of conviction required proof that Edmonds knowingly made a false sworn statement. The jury may therefore consider the conviction when assessing his credibility.
Edith Eberhardt is charged with assault. She introduces evidence suggesting she was insane at the time of the act. The prosecution must still prove every element of the offense, including that Eberhardt acted with the required mental state, beyond a reasonable doubt. The jury acquits because the evidence leaves a reasonable doubt on that element.
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Eileen Epstein is charged with murder. State law treats extreme emotional disturbance as an affirmative defense that reduces the offense to manslaughter. Epstein must prove the defense by a preponderance of the evidence. The jury convicts of murder after finding she failed to carry that burden.
Elijah Edwards is convicted of a firearms offense. The judge increases his sentence after finding, by a preponderance of the evidence, that the offense was committed with racial bias. The Supreme Court reverses because the bias finding is an element that must be submitted to the jury and proved beyond a reasonable doubt.
Emmett Egan is prosecuted for practicing polygamy. He claims the statute violates his religious beliefs. The Court holds that the statute properly criminalizes the conduct regardless of religious motivation. The prosecution need only prove the statutory elements of the offense.
Ezra Eastman is convicted of drug trafficking. The judge imposes a sentence based on facts found by a preponderance that increase the guideline range. The Supreme Court holds that any fact increasing the statutory maximum must be treated as an element and proved to a jury beyond a reasonable doubt.
The prosecution must prove every element of the charged offense beyond a reasonable doubt. This includes both the prohibited act and any required mental state. Failure to prove any element requires acquittal.
Supporting sources
Rule 609(a)(2) requires admission of a prior conviction for impeachment when the court can readily determine that the elements of the offense required proof of a dishonest act or false statement. The inquiry focuses solely on the statutory elements, not the underlying facts.
Supporting sources
No. The prosecution always bears the burden of proving every element of the offense beyond a reasonable doubt. The defendant may bear the burden on affirmative defenses, but those are not elements of the crime itself.
Supporting sources
…to become a law unto himself. Government could exist only in name under such circumstances. A criminal intent is generally an element of crime, but every man is presumed to intend the necessary and legitimate consequences of what he knowingly does. Here the accused knew he had been once married, and that his first wife was living.…